LVAIC ACADEMC DEPARTMENT CHAIR WORKSHOP - PowerPoint Presentation

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LVAIC ACADEMC DEPARTMENT CHAIR WORKSHOPAUGUST 10, 2017HIRING IN ACADEME:TOOLS & BEST PRACTICES

KATHLEEN A. RINEHART

GENERAL COUNSEL & SECY. OF THE CORP.

SAINT XAVIER UNIVERSITY, CHICAGO, IL.Slide2

Hiring in AcademeDaily challenges for supervisors and other decision makers on campus continue to increaseTwo of the most critical challenges, in terms of potential strategic and legal consequences: effective hiring and performance evaluationsOur focus today: effective and legally compliant hiring practicesSlide3

Hiring in AcademeOur goals today: Review of the practical and effective tools that will serve you well during the hiring processAdoption of supervisory best practices in support of effective hiring proceduresSlide4

The Current Legal LandscapeThe number of legal claims faced by colleges and universities continues to riseThe origins of many claims can be traced to hiring policies and proceduresWere they

clear?

Were

they consistently applied?Slide5

The Current Legal LandscapeInsurance carriers increasingly assess the scope and cost of coverage based on an institution’s engagement in “enterprise risk management”A more holistic approach in the management of campus issues and operations is essentialEffective hiring and evaluation are integral for the success of enterprise risk managementSlide6

The Current Legal LandscapeMust critically examine your hiring policies and proceduresYou will be expected to identify and defend the decision making frameworks you useSlide7

Hiring Best Practices:Tools for Success and EffectivenessSlide8

Hiring Policies and ProceduresHave we clearly identified institutional policies and procedures for both academic and non-academic appointments?When is the last time an internal audit of these policies and procedures was done?Slide9

Hiring Policies and ProceduresHas Legal Counsel reviewed the policies and procedures to ensure compliance with state/federal laws and regulations?Have any current “practices” deviated from established policies and procedures?Slide10

Hiring Policies and ProceduresAre the policies and procedures clear, understandable by those required to use them?Do the policies and procedures reflect your institution’s Mission and strategic goals?Slide11

Hiring Policies and ProceduresDo you provide legal seminars/in-services on an annual basis?Do you regularly work with Human Resources? Legal Counsel?Slide12

Job PostingsAnd DescriptionsSlide13

Job Postings and DescriptionsIf you anticipated the opening: take the time you need before filling itIf you did not anticipate the opening: still take the time you need before filling itEnsure that job postings and descriptions clearly identify:Slide14

Job Postings and DescriptionsRequired Qualifications: Experience, degrees awarded, personal qualifications (e.g., initiative, good judgment)Essential Functions:

Must agree regarding what these are (e.g., teaching, scholarship, service), and whether they will be ongoing, essential components of the positionSlide15

Job Postings and DescriptionsOther Essential Functions:ProfessionalismCollegialityAttendance,

punctuality

Confidentiality

Travel requirements

Work hours

Relevant

work environment characteristicsSlide16

Job Postings and DescriptionsStatement regarding the institution’s right to modify the job posting or descriptionThe institution’s EEO/Diversity statementPlan for “next steps” if the first search does not produce the pool of candidates you desireSlide17

From a Legal Perspective:Too many personnel problems, grievancesand/or litigation can be tracedto poor or hurried hiringdecisions Slide18

Interview EssentialsIdentify interview questions, script them, ensure they are consistently used with each candidateUnderstand the types of questions that are legally permissible regarding a candidate’s:Slide19

Categories of ConcernAge Arrests/ConvictionsAddressCitizenshipCredit RecordDisabilityEducationFriendships/Relations

Marital Status

Military History

Organizational Affiliations

Religion

Sex

Worker’s Comp Status

Name, Race, National Origin

Union AffiliationSlide20

Interview EssentialsEnsure that questions relate back to the job descriptionDo not permit ad hoc, unscripted questionsSlide21

Effective ReferenceAnd Background ChecksSlide22

Key:Understanding whythey are necessary,who shall conduct them,and how the recordsshall be maintainedSlide23

Reference ChecksMust be conducted so as not to violate privacy interests or to discriminateUse caution regarding oral requests for informationIdentify who shall conduct the checks; ensure consistencySlide24

Reference ChecksAwareness of the potential for “negligent misrepresentation,” “negligent hiring,” and “negligent retention”Rescind job offers when application or search discrepancies are unresolved, and maintain a record of that processEnsure common and consistent interpretation of reference lettersSlide25

Background ChecksDetermine who shall be subject to themKnow when the Fair Credit Reporting Act applies and whyKnow when/how to utilize the State’s sexual offender registryID the process used to clarify concerns

Work with Legal Counsel and HRSlide26

Ensure EffectiveCommunicationsDuring the Hiring ProcessSlide27

Hiring Process CommunicationsEffective and ineffective uses of emailImpact of social mediaIdentification of who shall speak on behalf of the institutionSlide28

Selection of a Candidate,Offers of Employment or Letters of AppointmentSlide29

The Selection ProcessSelection criteria understood by all?Any deviation from the established criteria

?

L

etter

of appointment, or contract of employment, be offered

?

Who

is

authorized to make

the offer?

Is

the scope of the offer clear?Slide30

The Selection ProcessHave rejection letters been reviewed by Legal Counsel and HR? Who is authorized to send them?What process has been established to provide responses to queries from unsuccessful candidates?Ensure that search and offer records are maintained in accordance with the institution’s record retention policySlide31

SOME ADDITIONAL THOUGHTSThe Hiring Process is complex and demandingThe process will require the full attention of all who are asked to engage in it on behalf of the institutionCritical to understand and adopt the Supervisory Best Practices that will provide additional support for you and those you superviseSlide32

Supervisory Best PracticesSupervisors serve as the institution’s “front line.” As a result, all supervisors must:Understand one’s role as a representative of the institution, as well as the impact of one’s decisionsUnderstand and implement policies and procedures – clearly and consistentlySlide33

Important to Remember:Effective supervision is skill-basedSkill building reduces ad hoc, inconsistent responses that actually could escalate the problem at hand, or be contrary to policy and lawNeed to recognize the internal and external challenges to effective supervisionSlide34

Internal Challenges to Effective SupervisionFocused on personal goals vs. the institution’s mission?Stamina (physical and emotional)?The difference between being a Colleague and a Friend?

Is the position the best use of one’s skills and strengths?Slide35

External Challenges to Effective SupervisionChanging demographics on campusLeadership transitionsLitigation landscapeNew and legal demands for collaborationIncrease in the number and complexity of faculty, staff and student issuesNew and increased legal compliance demandsCampus security and workplace safetySlide36

Supervisory Best PracticesDo not supervise in a vacuum; seek assistance and insightEvaluate your goals – are they responsive to institutional needs, the Mission and strategic priorities?Set clear boundaries, be fair and consistentSlide37

Supervisory Best PracticesUnderstand when and how to create accurate, objective and thorough documentationKnow when to seek assistance from Human Resources or Legal CounselUnderstand when and how to use email and other forms of communicationSlide38

Supervisory Best PracticesIncorporate the following “Essentials” for effective management of the daily challenges you face on campus:Notice, Clarity and Consistency in all communicationsThe Due Diligence Checklist:

How did we get here?

What do I know?

What documents do I have?

What policy has been implicated?

With whom should I speak – immediately?

Options/effective next steps?Slide39

Now,Let’s Apply These Tools And Best PracticesSlide40

Consider the Following:Professor Durable:Tenured member of the English Department for 25 yearsThe “Face” of the Department’s renowned writing program; responsible for its significant growth and reputationPassed away suddenly near the end of the last academic yearSlide41

Consider the Following:The Chair, Dr. Tenacious:Appointed last year; in her sixth year at the University; newly tenured The Provost sought someone who could bridge the current divide between “veteran” and junior facultyConsidered to be a rising star and scholar at the University Has many ideas regarding programs and growing the number of majors, but concerned about a pervasive “we’ve always done it this way” approachSlide42

Consider the Following:Professor Curmudgeon:Member of the Department for 35 yearsServed as Chair 4 times during his tenureDoes not mind being viewed as “difficult”Touts his personal connections to the President and several Board members“Friend” of Professor Durable; believes that he, as the most senior member of the Department, should play a substantial role in identifying Professor Durable’s successor in the writing programSlide43

Consider the Following:The Provost, Dr. Reticent:In his 3rd year at the University; had a bit of a rocky start with the President regarding recruitment and retention strategies, but things seem to be on the right track nowWorries about the future of the Program without Professor Durable, but believes it is time for “new life and energy” in the Department; favors the targeted recruitment of a younger leader to inspire junior facultySlide44

Consider the Following:The Provost learns, through casual conversation with the President, that Professor Curmudgeon:Spoke with the President about the types of candidates who should succeed replace Professor DurableIdentified a longtime friend, Dr. Dubious, to succeed Professor Durable – one, who could be lured away from a competing writing programAlready spoke with Dr. Dubious and actively explored with her the possibility of coming to the

University

Has been very persuasive with the President

in the past on a number of other personnel issuesSlide45

Consider the Following:In consultation with the Chair, the Provost also discovers:There is increasing divisiveness in the Department.A number of talented, junior members threaten to leave if something is not done to reign in Professor Curmudgeon’s conduct. He is viewed as abusive to students and colleagues. And, they seek the opportunity to “refresh” the writing program.Other senior faculty see no need to “change a good thing,” they want to keep the Writing Program as is, and take the time necessary to find someone else “in the same mold as Professor Durable.”Slide46

Consider the Following:Professor Curmudgeon told Dr. Dubious that he has the full support of the President to explore a move to the University under the following terms: Associate Professor; eligible for tenure in one year; salary would be third highest in the Department.Professor Curmudgeon is aware, but has not disclosed to anyone, that his choice to succeed Professor Durable is involved in a legal action with her current university (tenure denial; claim of disability discrimination)

.Slide47

Consider the Following:When the Chair, Dr. Tenacious, hears this, she and junior members of the Department go ballistic and demand a meeting with the Provost to address Professor Curmudgeon’s actions and to clarify the nature of the current “search.”The Provost, Dr. Reticent, is very angry as well, but is concerned that Dr. Curmudgeon has persuaded the President that the targeted search for Dr. Dubious has been effective – especially if it is going to retain students in the writing program. The institution simply cannot afford to lose any more students at this time. Slide48

Consider the Following:Let’s say that Dr. Dubious is, in fact hired. What must we be prepared to do about the following?The strains between senior and junior faculty are significant. Very little Department work is getting done.And -- six months into the new academic year, we learn that:Part of Dr. Dubious’ CV is considered questionable.The tenure denial litigation at her prior institution revealed allegations of unprofessional conduct in the department.Current Department members, especially our Chair, are concerned by Dr. Dubious’ erratic behavior; emails corroborate some of these

concerns.Slide49